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(영문) 대구지방법원 2017.11.03 2017노2279

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a crime No. 1 as stated in the judgment of the court below: Imprisonment with prison labor for 8 months and a crime No. 2 as stated in the judgment of the court below: Imprisonment with prison labor for 2 months) is too unreasonable.

2. In the case of the crime No. 1 of the judgment of the court below, the punishment should be determined in consideration of equity with the case where the judgment of the court below becomes final and conclusive at the same time, and in the case of the crime No. 2 of the judgment of the court below, it is recognized that the defendant paid damages to the victim, but the defendant committed each of the crimes of this case at the same time during the period of repeated crime due to the same kind of crime. On the other hand, the crime No. 1 of the judgment of the court below does not take any particular measures to recover damages up to the trial of the defendant, and the defendant shows an attitude to see criminal proceedings such as continuing absence in the court of the trial of the party, etc., it seems that his mistake is not seriously against the defendant's age, sex, environment, family relations, etc., and all of the sentencing conditions shown in the records and arguments of this case, the defendant's argument is not recognized to be unfair because the sentence of the court below is too large.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.